Common use of Responsibilities of CLEC Clause in Contracts

Responsibilities of CLEC. 20.1 CLEC is solely responsible for the payment of all charges for all services furnished under this Agreement, including but not limited to, calls originated or accepted at CLEC's location and its End Users' service locations; provided, however, CLEC shall not be responsible for payment of charges for any retail services furnished by SBC-13STATE directly to End Users and billed by SBC-13STATE directly to End Users. 20.1.1 Interexchange carried traffic (for example, sent-paid, information services and alternate operator services messages) received by SBC-13STATE for billing to resold End User accounts will be returned as unbillable and will not be passed to CLEC for billing. An unbillable code will be returned with those messages to the carrier indicating that the messages originated from a resold account and will not be billed by SBC-13STATE. 20.2 SBC-13STATE shall not be responsible for the manner in which utilization of resold services or the associated charges are allocated to End Users or others by CLEC. All applicable rates and charges for services provided to CLEC under this Agreement will be billed directly to CLEC and shall be the responsibility of CLEC; provided, however, that CLEC shall not be responsible for payment of charges for any retail services furnished by SBC-13STATE directly to End Users and billed by SBC-13STATE directly to End Users. 20.2.1 Charges billed to CLEC for all services provided under this Agreement shall be paid by CLEC regardless of CLEC's ability or inability to collect from its End User(s) for such services. 20.3 If CLEC does not wish to be responsible for payment of charges for collect, third number billed, toll and information services (for example, 900) calls, it must order the appropriate blocking for lines provided under this Agreement and pay any applicable charges. It is the responsibility of CLEC to order the appropriate toll restriction or blocking on lines resold to End Users. CLEC acknowledges that blocking is not available for certain types of calls, including 800, 888, 411 and Directory Assistance Express Call Completion. Depending on the origination point, for example, calls originating from correctional facilities, some calls may bypass blocking systems. CLEC acknowledges all such limitations and accepts all responsibility for any charges associated with calls for which blocking is not available and any charges associated with calls that bypass blocking systems. 20.4 CLEC shall be responsible for modifying and connecting any of its systems with SBC-13STATE-provided interfaces as described in this Agreement and Appendix OSS to this Agreement. 20.5 CLEC shall be responsible for providing to its End Users and to SBC-13STATE a telephone number or numbers that CLEC's End Users may use to contact CLEC in the event that the End User desires a repair/service call. 20.5.1 In the event that CLEC's End Users contact SBC-13STATE with regard to repair requests, SBC-13STATE shall inform such End Users to call CLEC and will provide CLEC's contact number furnished by CLEC. 20.6 CLEC acknowledges and agrees that, in the event CLEC makes any "CLEC Change" as that term is defined in Section 5.3, CLEC shall comply with the provisions set forth in Section 5.3.

Responsibilities of CLEC. 20.1 CLEC is solely responsible for the payment of all charges for all services furnished 6.1 Prior to submitting an order under this Agreement, including but not limited to, calls originated or accepted at CLEC's location and its End Users' service locations; provided, however, CLEC shall not be responsible obtain End User authorization as required by applicable state or federal laws and regulations, and assumes responsibility for payment applicable charges as specified in Section 258(b) of charges for any retail services furnished the Telecommunications Act of 1996. NEVADA shall abide by SBC-13STATE directly to End Users the same applicable laws and billed by SBC-13STATE directly to End Usersregulations. 20.1.1 Interexchange carried traffic (for example, sent-paid, information services and alternate operator services messages) received by SBC-13STATE for billing to resold 6.2 Only an End User accounts will be returned as unbillable and will not be passed can initiate a challenge to a change in its local exchange service provider. If an End User notifies NEVADA or CLEC for billing. An unbillable code will be returned with those messages to the carrier indicating that the messages originated from a resold account and will not be billed by SBC-13STATE. 20.2 SBC-13STATE shall not be responsible for End User requests local exchange service, the manner in which utilization of resold services or the associated charges are allocated to End Users or others by CLEC. All applicable rates and charges for services provided to CLEC under this Agreement will be billed directly to CLEC and Party receiving such request shall be free to immediately provide service to such End User, except in those instances where the responsibility of CLEC; provided, however, that CLEC shall not be responsible for payment of charges for any retail services furnished by SBC-13STATE directly to End Users and billed by SBC-13STATE directly to End Users. 20.2.1 Charges billed to CLEC for all services provided under this Agreement shall be paid by CLEC regardless of CLECend user's ability or inability to collect from its End User(s) for such services. 20.3 If CLEC does not wish to be responsible for payment of charges for collect, third number billed, toll and information services (for example, 900) calls, it must order the appropriate blocking for lines provided under this Agreement and pay any applicable chargesaccount is local PIC protected. It is the responsibility of CLEC the end user to order provide written authorization to the appropriate toll restriction or blocking on lines resold current provider of record to End Users. CLEC acknowledges that blocking is not available for certain types of calls, including 800, 888, 411 and Directory Assistance Express Call Completion. Depending on the origination point, for example, calls originating from correctional facilities, some calls may bypass blocking systems. CLEC acknowledges all such limitations and accepts all responsibility for remove local service provider protection before any charges associated with calls for which blocking is not available and any charges associated with calls that bypass blocking systemschanges in local exchange service provider are processed. 20.4 CLEC 6.3 When an End User changes or withdraws authorization, each Party shall be responsible for modifying and connecting any of its systems release customer-specific facilities in accordance with SBC-13STATE-provided interfaces as described in this Agreement and Appendix OSS to this Agreement. 20.5 CLEC shall be responsible for providing to its End Users and to SBC-13STATE a telephone number or numbers that CLEC's End Users may use to contact CLEC in the event that the End User desires a repair/customer's direction or the direction of the End User's authorized agent. Further, when an End User abandons the premises, NEVADA is free to reclaim the facilities for use by another customer and is free to issue service callorders required to reclaim such facilities. 20.5.1 In 6.4 Neither Party shall be obligated by this Appendix to investigate any allegations of unauthorized changes in local exchange service ("slamming") on behalf of the event that other Party or a third party. If NEVADA, on behalf of CLEC, agrees to investigate an alleged incidence of slamming, NEVADA shall charge CLEC a fifty dollar ($50) investigation fee. 6.5 When NEVADA receives an order from CLEC for services under this Appendix, and NEVADA is currently providing the same services to another CLEC for the same End User, NEVADA shall notify the End User's CLEC of record of such disconnect activity, should CLEC subscribe to the Local Disconnect Report ("LDR") as outlined below. It shall then be the responsibility of the CLEC of record and CLEC to resolve any issues related to the End User. This paragraph shall not apply to new additional lines and services purchased by an End User from multiple CLECs or from NEVADA. 6.5.1 When available and on no less than sixty (60) days notice, CLEC may request the LDR. NEVADA agrees to furnish to CLEC the Billing Telephone Number ("BTN"), Working Telephone Number ("WTN"), and terminal number of all End Users who have disconnected CLEC's End Users contact SBC-13STATE with regard service. CLEC understands and agrees that such information will only be available electronically. Information will be provided on a per WTN basis to repair requests, SBC-13STATE shall inform such End Users to call CLEC and be priced on a per WTN basis. NEVADA will provide CLEC's contact number furnished CLEC no less than thirty (30) days notice prior to any change of the per-WTN charge. NEVADA grants to CLEC a non-exclusive right to use the information provided by CLECNEVADA. CLEC will not permit anyone but its duly authorized employees or agents to inspect or use this information. CLEC agrees to pay NEVADA ten cents ($0.10) per WTN and any other applicable charges for the LDR as outlined in this Appendix. 20.6 CLEC acknowledges and agrees that, in the event CLEC makes any "CLEC Change" as that term is defined in Section 5.3, CLEC shall comply with the provisions set forth in Section 5.3.

Responsibilities of CLEC. 20.1 8.1 Prior to submitting an order under this Appendix, CLEC shall obtain End User authorization as required by applicable federal and state laws and regulations, and assumes responsibility for applicable charges as specified in Section 258(b) of the Act. SBC-13STATE shall abide by the same applicable laws and regulations. 8.2 Only an End User can initiate a challenge to a change in its local service provider. If an End User notifies SBC-13STATE or CLEC that the End User requests local exchange service, the Party receiving such request shall be free to provide service to such End User, except in those instances where the End User's account is local PIC protected. It is the responsibility of the End User to provide authorization in a FCC approved format to the current provider of record to remove local service provider protection before any changes in local service provider are processed. 8.2.1 SBC-13STATE shall be free to connect an End User to any competitive local exchange carrier based upon that competitive local exchange carrier’s request and that competitive local exchange carrier’s assurance that proper End User authorization has been obtained. CLEC shall make any such authorization it has obtained available to SBC-13STATE upon request and at no charge. 8.2.1.1 The following applies to SBC MICHIGAN only: The Parties will adhere to the requirements adopted by the Commission in its Case No. U-11900 with respect to the selection of primary local exchange carriers and primary interexchange carriers. 8.3 When an End User changes or withdraws authorization, each Party shall release customer-specific facilities in accordance with the End User's direction or the direction of the End User's authorized agent. Further, when an End User abandons its premise, SBC-13STATE is free to reclaim the facilities for use by another customer and is free to issue service orders required to reclaim such facilities. 8.4 Neither Party shall be obligated by this Appendix to investigate any allegations of unauthorized changes in local exchange service (slamming) on behalf of the other Party or a Third Party. If SBC-13STATE, on behalf of CLEC, agrees to investigate an alleged incidence of slamming, SBC-13STATE shall charge CLEC an investigation fee as set forth in Appendix Pricing in the “OTHER (Resale)” category, listed as “Slamming Investigation Fee.” 8.5 Should SBC-13STATE receive an order from CLEC for services under this Appendix, and SBC-13STATE is currently providing the same services to another local service provider for the same End User, CLEC agrees that SBC-13STATE may notify the local service provider from whom the End User is being converted of CLEC's order coincident with or following processing CLEC’s order. It shall then be the responsibility of the former local service provider of record and CLEC to resolve any issues related to the End User. This Section 8.5 shall not apply to new or additional lines and services purchased by the End User from multiple CLECs or from SBC-13STATE. 8.5.1 If SBC-13STATE receives an order from another local service provider to convert services for an End User for whom CLEC is the current local service provider of record, and if CLEC already subscribes to the Local Disconnect Report (“LDR”), covered in Section 8.5.2, then SBC-13STATE shall notify CLEC of such order coincident with or following processing such order. It shall be the responsibility of CLEC and the other local service provider to resolve any issues related to the End User. This Section 8.5.1 shall not apply to new or additional lines and services purchased by an End User from multiple CLECs or from SBC-13STATE. 8.5.2 On no less than sixty (60) calendar days advance written notice, CLEC may, at its option, subscribe to the LDR. SBC-13STATE will furnish the following information via the LDR: the Billing Telephone Number (“BTN”), Working Telephone Number “WTN”), and terminal number of all End Users who have disconnected CLEC’s service. Information furnished electronically will be provided daily on a per WTN basis and priced on a per WTN basis. CLEC shall pay SBC-13STATE for the LDR per WTN plus any applicable transmission charges for the LDR; current WTN prices are as set forth in Appendix Pricing in the “OTHER (Resale)” category, listed as “Local Disconnect Report.” CLEC agrees that SBC-13STATE may change the per WTN charge, at SBC-13STATE's sole discretion, so long as SBC-13STATE provides CLEC no less than thirty (30) calendar days notice prior to any change in the per WTN charge. SBC-13STATE grants to CLEC a non-exclusive right to use the LDR information provided by SBC-13STATE. CLEC will not permit anyone but its duly authorized employees or agents to inspect or use this information. 8.6 CLEC is solely responsible for the payment of all charges for all services furnished under this AgreementAppendix, including but not limited to, calls originated or accepted at CLEC's ’s location and its End Users' ’ service locations; provided, however, CLEC shall not be responsible for payment of charges for any retail services furnished by SBC-13STATE directly to End Users and billed by SBC-13STATE directly to End Users. 20.1.1 8.6.1 Interexchange carried traffic (for example, sent-paid, information services and alternate operator services messages) received by SBC-13STATE for billing to resold End User accounts will be returned as unbillable and will not be passed to CLEC for billing. An unbillable code will be returned with those messages to the carrier indicating that the messages originated from a resold account and will not be billed by SBC-13STATE. 20.2 8.7 SBC-13STATE shall not be responsible for the manner in which utilization of resold services or the associated charges are allocated to End Users or others by CLEC. All applicable rates and charges for services provided to CLEC under this Agreement Appendix will be billed directly to CLEC and shall be the responsibility of CLEC; provided, however, that CLEC shall not be responsible for payment of charges for any retail services furnished by SBC-13STATE directly to End Users and billed by SBC-13STATE directly to End Users. 20.2.1 8.7.1 Charges billed to CLEC for all services provided under this Agreement Appendix shall be paid by CLEC regardless of CLEC's ’s ability or inability to collect from its End User(s) Users for such services. 20.3 8.8 If CLEC does not wish to be responsible for payment of charges for collect, third number billed, toll and information services (for example, 900) calls, it must order the appropriate blocking for lines provided under this Agreement Appendix and pay any applicable charges. It is the responsibility of CLEC to order the appropriate toll restriction or blocking on lines resold to End Users. CLEC acknowledges that blocking is not available for certain types of calls, including 800, 888, 411 and Directory Assistance Express Call Completion. Depending on the origination point, for example, calls originating from correctional facilities, some calls may bypass blocking systems. CLEC acknowledges all such limitations and accepts all responsibility for any charges associated with calls for which blocking is not available and any charges associated with calls that bypass blocking systems. 20.4 8.9 CLEC shall be responsible for modifying and connecting any of its systems with SBC-13STATE-provided interfaces as described in this Agreement Appendix and Appendix OSS to this AgreementOSS. 20.5 8.10 CLEC shall be responsible for providing to its End Users and to SBC-13STATE a telephone number or numbers that CLEC's ’s End Users may use to contact CLEC in the event that the End User desires a repair/service call. 20.5.1 8.10.1 In the event that CLEC's ’s End Users contact SBC-13STATE with regard to repair requests, SBC-13STATE SBC- 13STATE shall inform such End Users to call CLEC and will may provide CLEC's ’s contact number furnished by CLECnumber. 20.6 8.11 CLEC acknowledges and agrees that, in the event CLEC makes any "CLEC Change" as that term is defined in Section 5.34.10 of the General Terms and Conditions of the Agreement to which this Appendix is attached, CLEC shall comply with the provisions set forth in Section 5.34.10 of the General Terms and Conditions of the Agreement to which this Appendix is attached as though set forth herein. 8.12 CLEC will provide forecasts to SBC-13STATE every January and July using the SBC-13STATE network information form, or a format mutually agreed to by the Parties. These written forecasts will be based on CLEC’s best estimates and will include all resale products CLEC will be ordering within the forecast period.

Responsibilities of CLEC. 20.1 CLEC is solely responsible for the payment of all charges for all services furnished under this Agreement, including but not limited to, calls originated or accepted at CLEC's ’s location and its End Users' ’ service locations; provided, however, CLEC shall not be responsible for payment of charges for any retail services furnished by SBC-13STATE directly to End Users and billed by SBC-13STATE directly to End Users. 20.1.1 Interexchange carried traffic (for example, sent-paid, information services and alternate operator services messages) received by SBC-13STATE for billing to resold End User accounts will be returned as unbillable and will not be passed to CLEC for billing. An unbillable code will be returned with those messages to the carrier indicating that the messages originated from a resold account and will not be billed by SBC-13STATE. 20.2 SBC-13STATE shall not be responsible for the manner in which utilization of resold services or the associated charges are allocated to End Users or others by CLEC. All applicable rates and charges for services provided to CLEC under this Agreement will be billed directly to CLEC and shall be the responsibility of CLEC; provided, however, that CLEC shall not be responsible for payment of charges for any retail services furnished by SBC-13STATE directly to End Users and billed by SBC-13STATE SBC- 13STATE directly to End Users. 20.2.1 Charges billed to CLEC for all services provided under this Agreement shall be paid by CLEC regardless of CLEC's ’s ability or inability to collect from its End User(s) for such services. 20.3 If CLEC does not wish to be responsible for payment of charges for collect, third number billed, toll and information services (for example, 900) calls, it must order the appropriate blocking for lines provided under this Agreement and pay any applicable charges. It is the responsibility of CLEC to order the appropriate toll restriction or blocking on lines resold to End Users. CLEC acknowledges that blocking is not available for certain types of calls, including 800, 888, 411 and Directory Assistance Express Call Completion. Depending on the origination point, for example, calls originating from correctional facilities, some calls may bypass blocking systems. CLEC acknowledges all such limitations and accepts all responsibility for any charges associated with calls for which blocking is not available and any charges associated with calls that bypass blocking systems. 20.4 CLEC shall be responsible for modifying and connecting any of its systems with SBC-13STATE-provided interfaces as described in this Agreement and Appendix OSS to this Agreement. 20.5 CLEC shall be responsible for providing to its End Users and to SBC-13STATE a telephone number or numbers that CLEC's ’s End Users may use to contact CLEC in the event that the End User desires a repair/service call. 20.5.1 In the event that CLEC's ’s End Users contact SBC-13STATE with regard to repair requests, SBC-13STATE shall inform such End Users to call CLEC and will provide CLEC's ’s contact number furnished by CLEC. 20.6 CLEC acknowledges and agrees that, in the event CLEC makes any "“CLEC Change" ” as that term is defined in Section 5.3, CLEC shall comply with the provisions set forth in Section 5.3. 20.7 For the purposes of establishing, provisioning and billing services to be furnished CLEC under this Agreement, prior to the Effective Date, CLEC shall provide SBC- 13STATE with CLEC's authorized and nationally recognized distinct Company Code/Operating Company Number (“OCN”)/Alternate Exchange Carrier Number (“AECN”) for resale of services. 20.8 CLEC will provide forecasts to SBC-13STATE every January and July using the SBC-13STATE network information form, or a format mutually agreed to by the Parties. These written forecasts will be based on CLEC’s best estimates and will include all resale products CLEC will be ordering within the forecast period. 20.9 On no less than sixty (60) calendar days advance written notice, CLEC may, at its option, subscribe to the Local Disconnect Report ("LDR"). SBC-13STATE will furnish the following information via the LDR: the Billing Telephone Number (“BTN”), Working Telephone Number “WTN”), and terminal number of all End Users who have disconnected CLEC’s service. Information furnished electronically will be provided daily on a per WTN basis and priced on a per WTN basis. CLEC shall pay SBC-13STATE for the LDR per WTN plus any applicable transmission charges for the LDR; current WTN prices are as set forth in Appendix Pricing in the “Other (Resale)” category, listed as “Local Disconnect Report.” 20.9.1 CLEC agrees that SBC-13STATE may change the per WTN charge, at SBC- 13STATE’s sole discretion, so long as SBC-13STATE provides CLEC no less than thirty (30) calendar days notice prior to any change in the per WTN charge.